11 results for 'judge:"Eklund"'.
J. Eklund finds that although the husband made the $15,000 payment from his deferred compensation account prior to the couple's signing of their dissolution agreement, the lower court properly found the payment satisfied his obligation because the payment was made less than one month before the agreement was signed and it was consistent with the unambiguous terms of the agreement. Meanwhile, even though the separation agreement required the husband to make payments for the wife's student loans, the parties "side agreement" to forego such payments and the wife's decision not to attempt collection for over six years after their divorce supported the court's decision to find she relinquished any right to the payments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: April 29, 2024, Case #: 2024-Ohio-1646, Categories: Evidence, Family Law
J. Eklund finds the trial court properly denied defendant's motion for sanctions against the city for its failure to preserve his interview with police. There was no evidence of bad faith on the part of the police and the interview would not have benefited defendant in the preparation of his defense. Meanwhile, video surveillance footage of the assault and the victim's testimony that defendant grabbed her butt and breasts was sufficient to convict him of sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: March 11, 2024, Case #: 2024-Ohio-889, Categories: Evidence, Sex Offender
J. Eklund finds the lower court properly granted the husband's motion to find the wife in contempt. Her failure to timely enroll the child into a treatment program for various mental health issues was a direct violation of the parties' shared parenting agreement and she provided no evidence to the court as to why a delay was necessary. However, even though the mother testified the child was drunk when she picked her up from a social gathering, the lower court erroneously found she allowed the child to engage in underage drinking. There was no evidence to indicate the child drank any alcohol with the mother. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: February 12, 2024, Case #: 2024-Ohio-513, Categories: Contempt, Evidence, Family Law
J. Eklund finds that the trial court properly excluded testimony about other partygoers' consensual sexual activity on the night of the assault because the evidence had no relevance as to whether defendant raped the victims. Meanwhile, the victim's testimony regarding a prior accusation of sexual assault made against her stepfather, which she claimed was true, was properly admitted and verified; therefore, defendant's motion to admit extrinsic evidence about the veracity of the accusation was properly denied. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: December 11, 2023, Case #: 2023-Ohio-4488, Categories: Evidence, Sex Offender
J. Eklund vacates defendant's involuntary manslaughter conviction. Although defendant sold the drugs that caused the victim's overdose to a third party, the lack of a direct connection between he and the victim prevented the state from proving he knowingly provided the victim with drugs. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: November 13, 2023, Case #: 2023-Ohio-4092, Categories: Drug Offender, Manslaughter
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J. Eklund finds the trial court properly excluded evidence of a confidential informant's drug use following several controlled buys from defendant. The testimony had no bearing on the truthfulness of the witness's testimony about purchasing fentanyl from defendant. Meanwhile, questions to the informant by defendant's attorney about language used by the parties when discussing potential deals allowed the prosecution to ask about prior trafficking by defendant; therefore, the trial court properly denied defendant's motion to exclude that testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: November 13, 2023, Case #: 2023-Ohio-4093, Categories: Drug Offender, Witnesses
J. Eklund finds the trial court properly granted the trustees' motion for summary judgment because declaratory judgment claims filed by the property owner were mooted when their 1-year term on the owners' association expired, while the court also properly denied the owner's motion to compel mediation, which is a voluntary process. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: October 10, 2023, Case #: 2023-Ohio-3688, Categories: Civil Procedure, Property
J. Eklund finds that while a child resided at the home where defendant was arrested for drug trafficking, there was insufficient evidence to convict him of trafficking a controlled substance in the vicinity of a minor. None of the paraphernalia was found in the open or near any of the child's belongings or room; therefore, that conviction must be vacated. Meanwhile, the trial court properly granted the prosecution's motion to limit the evidence presented by defendant regarding his roommate because the roommate did not testify at trial and a drug possession conviction from 20 years earlier was irrelevant and inadmissible character evidence. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: August 14, 2023, Case #: 2023-Ohio-2828, Categories: Drug Offender, Evidence
J. Eklund finds that defendant was not prejudiced by the comments of a prospective juror who claimed he knew of defendant and his family through past investigations made as a fire inspector. Not only was this juror dismissed for cause, but his comments were also vague in nature and did not imply any criminal conduct on the part of defendant. Meanwhile, DNA evidence of defendant on the gun and vehicle involved in the high-speed pursuit and shooting, as well as his admission he was in the car from which several shots were fired - one of which struck a police officer in the hand - was sufficient to convict him of all charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: August 7, 2023, Case #: 2023-Ohio-2725, Categories: Dna, Jury, Murder
J. Eklund finds the trial court properly allowed the state's expert witness to testify during defendant's arson trial that a dresser pictured in the room where the fire originated could have acted as an accelerant. Although she never performed any tests on the dresser, her claim that "anything that makes the fire burn faster" is an accelerant was within the scope of her expertise, while the state was also not required to prove an accelerant was used to convict defendant. Meanwhile, circumstantial evidence that defendant burned several of his girlfriend's belongings in the past and had threatened to burn down her house in the leadup to the fire was sufficient to convict him of arson. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 26, 2023, Case #: 2023-Ohio-2114, Categories: Evidence, Experts, Arson
J. Eklund finds that while defendant claimed he deleted child pornography from his phone as soon as it was sent to him through several WhatsApp messages, the jury was free to discredit this testimony and convict him because his story was contradicted by the testimony of the cell phone store employee who noticed the images when he transferred data between several phones. Meanwhile, the trial court properly admitted a computer-generated data report from defendant's cell phone that was not authenticated in court by a state witness because the report was non-testimonial in nature. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 12, 2023, Case #: 2023-Ohio-1945, Categories: Evidence, Child Victims, Child Pornography